Legal Opinion
Conklin v. Erie Railroad
New York Supreme Court
Decided July 17, 1930PublishedCited by 2 opinions
1Opinion of the CourtWits chief, J.
The plaintiff administratrix has shown by her affidavit that she has no personal knowledge of the facts concerning the accident which caused the death of her husband, and seeks *570a bill of particulars as to the defendant’s allegation of contributory negligence.
The Appellate Divisions of the several departments appear to be in disagreement as to the propriety of an order requiring a defendant to particularize a defense of contributory negligence.
In this, the Second Department, it has been held proper to order a bill of particulars of such a defense when the burden of proving the defense rests on…
2Cases cited2 opinions
- Havholm v. Whale Creek Iron WorksAppellate Division of the Supreme Court of the State of New York · 1913
- Egan v. Tishman & Sons, Inc.Appellate Division of the Supreme Court of the State of New York · 1927
3Cited by2 opinions
- Wigler v. Public Service Co-ordinated Transport Co.Pennsylvania Court of Common Pleas · 1932
- Giacumbo v. Public Service Co-ordinated TransportHudson County Superior Court · 1948